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Memo Pts Auths Grand Jury Amend 4

Memo Pts Auths Grand Jury Amend 4

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Published by: James Renwick Manship, Sr. on May 21, 2013
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09/16/2013

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THE COMMONWEALTH OF VIRGINIA:THE CIRCUIT COURT OF FAIRFAX COUNTYJames Renwick Manship, Sr.
!!!!
|
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Petitioner,
In Forma Pauperis, Pro Se 
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v.
!!!!!!!
| Case No. CL2013-8314
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|Commonwealth of Virginia
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|MEMORANDUM OF POINTS AND AUTHORITIES FOR REGULAR GRAND JURYACCESS BY CITIZEN WITH KNOWLEDGE OF FELONY CRIMINAL ACTIVITY BY A“GOVERNMENTAL AUTHORITY, AGENCY, OR OFFICIAL” (AMENDED)QUESTIONS PRESENTED:(1) Does Virginia Law allow a Citizen with knowledge of criminal activity by a policeman,or a prosecutor, or a judge; to act with a “legal right” to present that information to theRegular Grand Jury, for either its own Indictment, or its vote to impanel a SpecialGrand Jury to investigate the alleged criminal activity by government employees?(2) Does Virginia Law empower a judge, or prosecutor, or clerk, to block a Citizen withknowledge of Criminal Activity by police, prosecutor, or even a judge; to deny access tothe Regular Grand Jury to present, in person, this information for the Grand Jurors’ vote?
Point 1.
Code of Virginia, Chapter 13, Grand Jury,
§ 19.2-191. Functions of a grand jury.
 states
“The functions of a grand jury are twofold:”
(1)
To consider bills of indictment
prepared by the attorney for the Commonwealth and
to
 
determine
whether as to each such bill there is sufficient
probable cause
 
to return
 
such indictment "a true bill."
{NOTE: Here the
Grand Jury
is the part of the “court” that determines
probable cause
, the voteof a majority of Grand Jurors is
de facto
and
de jure,
by this code section. In other circumstances, oneJudge is the part of the “court” who determines probable cause.
A Grand Jury determination of probablecause
requires a
minimum of 4 votes
, so if 5 members on the Regular Grand Jury, that is 80 per cent,if 6 members, that is 67 per cent, and if the 7 member maximum on the Regular Grand Jury, that is 57 per cent.}(2)
To investigate and report on any condition that involves or tends
to promote criminal activity
either in the community or
by any governmental authority, agency or official thereof.
 
These functions may be exercised by either a special grand jury
 
or a
regular grand jury
as
hereinafter provided
.
 
The
“hereinafter provided”
impaneling of a Special Grand Jury
§ 19.2-206. When impanelled.
 gives THREE ways a Special Grand Jury MAY be impanelled by GOVERNMENT “actors”: (1)by the Circuit Court on its own motion (not stated, but presumably by the Chief Judge), (2) by aminority vote of the Regular Grand Jury with Probable Cause added by the Presiding Judge (stillinvolving a government actor), and (3) by request of the attorney for the Commonwealth. TheFOURTH WAY, (4) when CITIZENS act to have a MAJORITY of the Regular Grand Jury votein favor, a Special Grand Jury
SHALL
BE IMPANELED.
SHALL
means MUST BE DONE.NOTE: The (2) sub-paragraph clause of 
§ 19.2-191. Functions of a grand jury.
about criminalactivity “by any governmental authority, agency, or official thereof” harkens back to the originalpurpose of the Grand Jury, to serve as the
“Shield and Sword”
of the Citizen, to “justify therighteous”
Shield 
(NOT a True Bill) and “condemn the wicked”
Sword 
(True Bill) in relation toaccusations brought by the “King” or “Government”, as the attorney for the Commonwealth.
Given that Common Law tradition and the fact that the Common Law is by Code of Virginia section
§ 19.2-220. Contents of indictment in general.
incorporated into the Code of Virginia, where the Code states:In describing the offense, the indictment or information
may use the name given to the offense by the common law
,or
the indictment or information may state so much of the common law
 or statutory definition of the offense as is
sufficient to advise what offense is charged
.Here is stated that a Code of Virginia section number such as
§ 18.2-53.1
,is not a requirement fora Grand Jury to indict, but rather a Common Man’s Common Law description of the crime,
use of a firearm in the commission of a robbery
. This code section shows that the Common Citizen, not just “law enforcement professionals” with the knowledge of specific code sections of the law, maypresent to the Grand Jury their knowledge or information about criminal activity in the community,using Common Law descriptions, so the Regular Grand Jury may indict directly following therequirements of Virginia Code
§ 19.2-221. Form of prosecutions generally; murder andmanslaughter.
; or report the criminal activity for an indictment to be prepared by the attorney forthe Commonwealth; or by a majority vote, SHALL impanel a Special Grand Jury to investigate.
 
Point 2.
By Common Law tradition, and by recent 1991 and 1992 United States supremeCourt decisions,
U.S. v Williams
504 U.S. 36 at 48 (1992) by Justice Antonin Scalia quotes from aunanimous opinion by Justice Sandra Day O’Connor in the 1991 case involving criminal activity inVirginia by a company from New York,
U. S. v. R Enterprises
,
 
498 U.S. 292 (1991),
 
the Grand Jurymust operate independently of the “Government”, even being described by some legal scholars as“the fourth branch of government”, whether in Code of Virginia language, that “governmentalauthority, agency or official”, be of the Judicial, or Executive, or even the Legislative Branch.The grand jury occupies a unique role in our criminal justice system.
It is aninvestigatory body charged with the responsibility of determining whether or not acrime has been committed.
Unlike this Court, whose jurisdiction is predicated on aspecific case or controversy,
the grand jury "caninvestigate merely on suspicion thatthe law is being violated, or even just because it wants assurance that it is not."United States v. Morton Salt Co., 338 U. S. 632338 U. S. 642-643 (1950).
Thefunction of the grand jury is to inquire into all information that might possibly bear on itsinvestigation until it has identified an offense or has satisfied itself that none hasoccurred. As a necessary consequence of its investigatory function, the grand jury paintswith a broad brush.
"A grand jury investigation 'is not fully carried out until every available clue hasbeen run down and all witnesses examined in everyproper way to find if a crime has been committed.'"
Branzburg v. Hayes,408 U. S. 665,408 U. S. 701(1972), quoting United States v. Stone, 429 F.2d 138, 140 (CA2 1970).
In a 13 May 2013 letter to Chief Judge Dennis Smith of Fairfax County Circuit Court, quotesfrom a legal reference work, GRAND JURY PRACTICE by Howard W. Goldstein, at
§3.04 [1] at 3.34
.:“The Grand Jury has the power to compel witnesses to testify…
The Supreme Court
hasrecognized that “the long standing principle that ‘the public has a right to every man’sevidence’ … is particularly applicable to grand jury proceedings.
Thus, providingtestimony before the grand jury is a witness’s public duty
- a duty which
all persons
 under the jurisdiction of the United States
are bound to perform
. This duty is
essentialto the administration of Justice
 
43
even though it may sometimes be onerous.”Therefore, a concerned Citizen with knowledge of criminal activity by government employees musthave the avenue to provide information directly to the Grand Jury, NOT blocked by judge or prosecutor.

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